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Case Citations July 2015 through February 2016 (2015-2016)

handle is hein.ali/reforrelat0007 and id is 1 raw text is: 





       THE FOREIGN RELATIONS LAW OF THE

  UNITED STATES 4TH: SOVEREIGN IMMUNITY





                CHAPTER 5.   IMMUNITY OF STATES FROM JURISDICTION

       SUBCHAPTER A. IMMUNITY OF FOREIGN STATES FROM JURISDICTION TO
                                      ADJUDICATE

  § 463. Default Judgment Against Foreign State: Law of the United States

  C.A.D.C.2014. Rptr's Note 2 cit. in sup. (citing Rptr's Note 2 to § 463 of P.D. No. 2, 2014). Creditor
  who obtained default judgment in a Florida state court against the Republic of Cuba, among others,
  based on allegations that he was tortured while incarcerated in Cuba, brought an action to enforce the
  judgment. The district court determined that the Florida state and district courts did not have jurisdiction
  to grant the default judgment. Affirming, this court held that the court that issued the judgment lacked
  jurisdiction because creditor's claims were not within the scope of the non-commercial tort exception or
  terrorism exception to the Foreign Sovereign Immunities Act (FSIA). Citing Restatement Fourth of the
  Foreign Relations Law of the United States: Immunity § 463 (P.D. No. 2, 2014), the court explained that
  the FSIA offered foreign sovereigns special protection from a default judgment and required plaintiff to
  establish his claim or right by evidence satisfactory to the court. Jerez v. Republic of Cuba, 775 F.3d
  419, 423.

























A     mL l For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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